Doug.. did either one respond to your e-mail/question

Hey Russ, why don't you and I go trademark the name "Bracket Racing"? I don't see any difference. I can just see the truck loads of money pouring in now.

Yes, This was my letter;

I have read recently that you intend to trade mark slogans and names describing a type of racing that I personally have been involved with since the beginning back in the late 80's. Could you enlighten me as to why this is being done? Can you tell me what this means to me as an N/SS class racer?
Thanks Doug

From Rich, which doesn't sound to threatening;

Doug, thanks for your questions. The main reason for securing trade marks for our business is that our first name 1991-97 was Midwest Nostalgia Super Stock Association was stolen from us by our own members only to start their own group. We re-named our group Nostalgia Super Stock Inc. and incorporated . With so many NSS groups and racers getting into this racing we decided to trade mark the two items we use to further insure us from not losing our name to anyone applying for said marks.
What this means to you as a racer is nothing changes from what you are enjoying now and into the future. Nothing changes for the promotors or tracks either. A lot of people posting are just reading into this as threatening to them ,that changes are coming but let me assure you Doug, No Changes. Like you, our people just want to go out and enjoy the track time like everyone else.
I hope this helps your thoughts and any other questions feel free to write.
Rich

From Bob, makes you wonder what's going on;

Doug - Thank you for the questions; I understand why you're asking. However, due to current circumstances I cannot answer them at this time. Please be patient and all this will become clear within some time. Bob

A couple of real mis-informed people - incorporating a "racing club" is not the brightest legal move on their end - I would love to read their incorporation papers - I will bet they are boiler plate documents. Nothing like putting your personal assets as an club officer out there for the world to glom onto - my guess is they hired some pretty low budget attorneys who a just filled in the blanks for them and said there ya go - you is in-corp-orated!

This is total crap and is unenforceable. The NSS program has been a part of so many different groups for so long, that it's too late for any one entity to legally claim it. Unlike "Mopar", NSS that was not created by one person or company - though if we had to pick a Godfather, it would be Dave Duell. In fact, Dave, Paul Suloff and myself created the first NSS/Max Wedge-only event in 1993. I've been involved in trademark and intellectual property disputes in the past, in fact we're pestered by one right now involving a "Nostalgia Pro Stock" chapter. Similar deal, and what is happening is that the new "trademark owners" are being alienated by EVERYONE. Nobody likes a bully. That's why we all hate lawyers. Ignore these guys and they'll disappear real soon. If not, let them sue us on their dime until they go broke. It wouldn't be the first time...

Yes, This was my letter;

I have read recently that you intend to trade mark slogans and names describing a type of racing that I personally have been involved with since the beginning back in the late 80's. Could you enlighten me as to why this is being done? Can you tell me what this means to me as an N/SS class racer?
Thanks Doug

From Rich, which doesn't sound to threatening;

Doug, thanks for your questions. The main reason for securing trade marks for our business is that our first name 1991-97 was Midwest Nostalgia Super Stock Association was stolen from us by our own members only to start their own group. We re-named our group Nostalgia Super Stock Inc. and incorporated . With so many NSS groups and racers getting into this racing we decided to trade mark the two items we use to further insure us from not losing our name to anyone applying for said marks.
What this means to you as a racer is nothing changes from what you are enjoying now and into the future. Nothing changes for the promotors or tracks either. A lot of people posting are just reading into this as threatening to them ,that changes are coming but let me assure you Doug, No Changes. Like you, our people just want to go out and enjoy the track time like everyone else.
I hope this helps your thoughts and any other questions feel free to write.
Rich


So..... someone stole what they say was their name and now they think it's ok to steal a "common name" and make it theirs yep makes perfect sense to me There's more to it but it's not going to fly

When did they Trade mark this? There is a protest period.






Ray

March 24, 2015 is what I have seen.............

Published for Opposition and you have 30 days. A Attorney will have to be hired to fight it. What is the Trademark for? Which Goods and Services? There is not a blanket Trademark.






Ray

I had a good talk with Nostalgia Super Stock Inc. It sounds like a great org if your not a index/ bracket racer (which I'm not). They are only trying to protect their name. It sounds like it would be no big deal for NSS to get a license to use the name for free or for a minimum fee to help with the trademark fees since they did not do it for profit.

Their name? NMCA was the first I remember using it. It don't consider something you stole as being yours.

Total BS!!!! "Protect THEIR Name" Since when? So all Nostalgia classes or any class of racing can be claimed to trademark a name? And I can do that and then charge someone to recoup my $$$$ for doing so? Not a chance!!


Russ

So why not officially document it and try it before all the he said- she said BS. I have not seen any documents or cease letters yet. Just a thought. I have no dog in this fight!

It'll take about 5K to get that going with a lawyer. You can donate here;


While all club members are guilty of allowing this to happen, it appears to be the brainchild of Club Secretary Bob Wilkiewicz, and Club President Rich Berlisk. They recently approached a Doug Duell, who administers Dave Duell Classic and and a member of the National Rules Committee (also trademarked by this club – so all members resigned to form a new rules committee), and informed him of the trademark and their intention of licensing (aka shaking Down) all organizations, promoters, websites, clubs… with both fees and other “requirements”.

More recently, the shakedown has begun with at least one promoter (NMCA) receiving a letter to contact them about licensing requirements.

Initial reaction to many was to drop or rename the class instead of wetting the beak of trademark trolls/squatters, but only the weak cave. A specialist trademark attorney has reviewed the applications the club made, and other documentation of the use of the terms – and while we don’t want to show his complete hand – it is obvious that those trademarks should never have been granted and it is a certainty that revocation will be granted.

The way of most common sense and least cost to all (including the club) would be for them to issue a public apology to all NSS Racers and to surrender the trademark back to the Patent and Trademark office as being they had recently realized (save face avoid fraud) that they are widely used over a long period descriptive terms, and should never be registered trademarks. However, like Pinky and the Brain, narcissistic domination of the class stands in the way of common sense and they’ve refused. Their strategy is to stand by the line that they’re just protecting the name from evil (kettle calling pot black) and they’re all about education – at least until the dust settles.

Well the dust shouldn’t settle until no one has the ability to misuse these terms for their ego and the extortion by licensing of the many outside their little club. So after legal consultation, the next step is to file a legal protest to the Patent and Trademark Office with the many examples of why the application wasn’t proper, and the many reasons the registration of the trademarks need to be immediately revoked. This will cost roughly $5,000 in filing and legal fees. Doug Duell and Dave Schultz have stepped up and pledged $500 each, and feel that another eight organizations and well healed NSS racers will also step forward to do the same. If you are willing to be one of the ten helping to right this wrong, contact Doug or Dave.

While the lawyer feels that this will be a slam-dunk once filed, there’s never 100% certainty when you have Federal Bureaucracy involved. If unsuccessful, then a suit filed in the Federal Court of Milwaukee, against the club and certain members will be required, costing the club member and the petitioner in the $100,000+ each range. We feel we also have that covered, but hopefully it will not go that far.

What NSS drivers can do in the meantime is contact the club’s members, as there certainly must be a few feeling this is wrong and don’t want any part of the shitstorm about to happen. Contact their sponsors who may not be happy of associating with a club using the tactics of the Black Hand. Contact the promoters and tracks to let them know who they’re associating with. Contact car and racing magazines, both print and Internet (even racing forums) to have them post the start of what could be a horrible trend to other classes like Nostalgia Muscle Car, Pro Mod, Nostalgia Funny Car, Nostalgia Pro Stock – or even “Bracket Racing”. No club should be allowed to try to own a widely promoted class of drag racing, and an example needs to be made of any club that does try. Regardless of any other differences, we need a united front of Clubs, Promoters, and drag racers to come together on this cause.

More information can be found at:

http://www.nssracing.com/forums/showthre...-to-Worry-About
http://www.nssracing.com/forums/showthread.php?4419-Never-Wet-the-Beak-of-the-Black-Hand

Have you all read "Daves Blog Page" on their web site? Some interesting stuff, looks like they have been around since the 80s. Appears they have been pretty instrumental to our sport. They also posted their intentions on their Facebook page. Guess I'm ok with it as long as I don't have to pay extra money to race, heck NMCA is registered plus these folks are non profit. My personal opinion is not much will change. I think the Internet has stirred up a bigger bees nest.

Sounds like a typical government response ---- just PASS the bill and we will look at it later to see whats in it and how it may effect us

How's that going for ya .......

Like I mentioned before it would probably in the best interest of the NSS racing to get a license/agreement to use the name.

I find it remarkable that you just joined this forum, and your only posts are in this thread....

Just came here to stop the storm

Gee lets trade mark some more words like "Racecar"

Yes I'm new to the board, I did explain that before. Do only existing users that want to hammer on these folks get to post here? I'm building a NSS car and have interest in this hence my looking for facts.
I've been looking and asking for the facts but all I seem to find is trash talk and speculations everywhere on the web.
Seems simple to me, give me facts so I make a decision who I want to support.